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Judgment
Lawyers are abstaining from work in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-
19).
The matter comes upon an application for early listing (Inward No.01/2020) of the bail application on the ground that in the bunch of the matters,
though, the present bail application filed under Section 439 Cr.P.C. was clubbed with the bail applications of the co-accused persons which have been
preferred under Section 438 Cr.P.C. but in the said bunch of the bail applications, the coordinate Bench of this Court had granted interim order of not
arresting the co-accused persons and has fixed the date on 13.07.2020.
The case of the present petitioner is that he is facing incarceration for last more than two months and he has preferred the bail application under
Section 439 Cr.P.C. In these circumstances, the learned counsel for the petitioner has moved the present application for early listing of the present bail
application.
As the petitioner is facing incarceration and therefore his case is distinguishable from the persons who have preferred the anticipatory bail and has
been granted the interim protection by the co-ordinate Bench of this Court.
In these circumstances, the application for the early listing of the matter is allowed. The matter is taken up for hearing today itself.
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.293/2019, Police Station Pratapnagar, District Udaipur for the offences under Sections 420, 406, 467, 468, 471 & 120-B of I.P.C.
I have gone through the order impugned as well as the contentions raised in the bail application and the written submissions of the learned counsel for
the petitioner received through Email.
The learned Public Prosecutor fairly submits that the chargesheet in the case has been filed and the offence are tribal by Magistrate.
Having regard to the facts and circumstances of the case and upon a consideration of the pleadings in the bail application and also considering the
peculiar circumstances prevailing in the country due to the pandemic of novel corona virus (COVID-19), this Court deems it just and proper to release
the petitioner on bail.
Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner â€" Chain Singh S/o
Shri Narayan Singh @ Ram Narayan Singh arrested in connection with F.I.R. No.293/2019, Police Station Pratapnagar, District Udaipur, shall be
released on bail provided he furnishes a personal bond of Rs.50,000/-(Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/-(Rupees : Twenty
Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as
and when called upon to do so.